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. state agency. Minn. Stat. 88.171, subd. 9. The commis- sioner may invoke a burning ban when he deter- mines that it is necessary to prevent wildfires. During such a ban the commissioner can suspend issuance of permits for open fires, revoke or suspend the operation of a permit previously issued, and prohibit all or some kinds of open fires in the area. Minn. Stat. 88.22, subd. 1(b). Any violation of the burning ban is a misdemeanor. Minn. Stat. 88.22, subd. 3. . The statute also defines several other acts or omissions which could result in criminal prosecu- tion. It requires the occupant of any property where any unauthorized fire is burning, regardless of who started the fire, to promptly report the fire to the nearest forestry office or fire department. Minn. Stat. 88.16, subd. 3. Failure to make this report is a misdemeanor and the occupant of the premises is prima facie guilty of negligence if the unre- ported fire spreads from the property or causes damage, loss, or injury to another person, another person's property, or the state. Minn. Stat. 88.16, subd. 3. Prima facie guilt is a presumption of guilt which can be rebutted with sufficient evidence to the contrary. Any person who starts a fire and fails to control or extinguish it before the fire endangers or causes damage to the property of another person or the state is guilty of a misdemeanor. Minn. Stat. 88.195, subd. 1. Any person who has a burning permit and fails to keep the permitted fire contained within the area described on the permit or fails to keep the fire restricted to the materials specifically listed on the permit is also guilty of a misdemeanor. Minn. Stat. 88.195, subd. 2. It is a misdemeanor to care- lessly or negligently start a fire that endangers or causes damage to the property of another person or the state. Minn. Stat. 88.195, subd. 3. . Any person who participates in an act involving careless or negligent use of motor vehicles, other internal combustion engines, firearms with tracers or combustible wads, fireworks, smoking materi- als, electric fences, torches, flares, or other burning or smoldering substances which causes a fire to start and is not immediately extinguished before the fire endangers or causes damage to the prop- erty of another person or the state is guilty of a misdemeanor. Minn. Stat. 88.195, subd. 4. In addition, any person who operates a vehicle in a wildfire area when the ground is not snow-covered with an open exhaust cut-out, without a muffler, without a catalytic converter if required, or without a spark arrestor on the exhaust pipe is guilty of a misde- meanor. Minn. Stat. 88.195, subd. 5. Every county with any tract of 1,000 or more contiguous acres of trees, brush, grasslands, or other vegetative material where the potential for wildfire exists is a wildfire area. Minn. Stat. 88.01, subd. 6. Under this definition, every county in the state is a wildfire area. It is also a misdemeanor for any person to operate a tractor, chainsaw, or other combustion engine not equipped to prevent fires. Minn. Stat. 88.195, subd. 5. Local regulation A local government may adopt an ordinance which is more restrictive than the state statutes so long as the ordinance does not contradict any statute. For instance a local government may further restrict the hours of open burning or the materials which may be burned. However, a local government could not allow burning when the state statutes prohibit it. Additionally, if a county adopts more restrictive standards than the state, cities and townships within that county would be required to enforce the more restrictive standards. A city may adopt a more restrictive open burning ordinance than the state or the county. Even if a city has no ordinance, local police officers and other city officials are obligated to enforce the state open burning law or the county ordinance if it is more restrictive. Most of the regulations that a city may wish to adopt on open burning are found in the state statutes. Consequently, many cities adopt the state statutes by reference or set out the pertinent por- tions of the state statutes in a local ordinance and